USA EB-5 Investor Visa

Important notice. Mirabello Consultancy is a boutique investment-migration advisory firm, not a law firm, and does not provide legal, tax, investment or financial advice. This page is general and educational only and creates no attorney-client or adviser-client relationship. All US immigration petitions and legal assessments are prepared and filed exclusively by independent, licensed US immigration attorneys; outcomes are decided solely by the US authorities. Nothing here is an offer to sell, or a solicitation of an offer to buy, any security, nor a recommendation of any EB-5 project or regional centre. EB-5 investments involve significant risk, including possible loss of capital. Figures were checked against official US sources on 12 and 13 October 2026; confirm them against the linked sources before acting.

What is the EB-5 visa, and what is it not?

The EB-5 Immigrant Investor Program is the fifth employment-based immigrant category of US law (INA section 203(b)(5), 8 USC 1153(b)(5)), as amended by the EB-5 Reform and Integrity Act of 2022. An at-risk investment in a new commercial enterprise creating at least ten full-time US jobs earns lawful permanent residence, a green card, for the investor, spouse and unmarried children under 21.

It is not a temporary visa to renew, like the E-2, O-1 or L-1A, and not a passport: the United States has no citizenship by investment. Nor is it a donation; the capital is invested in a business.

How much is the EB-5 investment amount in 2026?

For petitions filed on or after 15 March 2022, the minimum is USD 1,050,000, or USD 800,000 in a Targeted Employment Area (TEA) or an infrastructure project (USCIS EB-5 classification page, read 12 October 2026). The law adjusts them for inflation for petitions filed on or after 1 January 2027; the adjusted amounts were not yet published at our last check, so we confirm the figure in force on your filing date.

Government fees, the attorney's fee, any regional-centre administrative fee set in an offering's documents, and medical and travel costs come on top; they vary by case, so we publish no single "all-in" figure.

What is a Targeted Employment Area, and why do set-aside visas matter?

A TEA is a rural area (outside a metropolitan statistical area and outside any city or town of 20,000 or more people at the latest decennial census) or a high-unemployment area, with unemployment of at least 150% of the national average. TEAs lower the investment amount and open access to reserved visas: each year 20% of EB-5 visas are set aside for rural investments, 10% for high-unemployment areas and 2% for infrastructure (USCIS EB-5 Questions and Answers, updated 20 April 2026).

What are the EB-5 requirements?

• Investment: USD 800,000 or USD 1,050,000 in a new commercial enterprise.
• Jobs: at least ten full-time positions for qualifying US workers, not counting the investor or family.
• Capital at risk: invested to generate a return, and kept at risk for the period required by law and USCIS policy, including the conditional-residence period.
• Lawful source of funds: tax returns, bank, business, sale, inheritance, gift or loan records tracing the money to the investment.
• Admissibility: background and security checks and the standard immigrant medical examination.

EB-5 is open to every nationality, with no language, education or management-experience test. There is no 183-day rule.

Regional centre or direct investment: what is the difference?

• Regional-centre investment (Form I-526E): capital goes into a new commercial enterprise associated with a USCIS-designated regional centre. Indirect and induced jobs may count, within the limits of the 2022 Act. Investors are usually passive.
• Direct, or standalone, investment (Form I-526): you establish or invest in your own enterprise and are involved in it. Only its direct, full-time employees count.

Mirabello does not name, rate, sell or recommend any regional centre, project or offering; independent due diligence is essential either way.

What does the regional-centre authorisation to 30 September 2027 mean?

The regional-centre programme is authorised by statute through 30 September 2027 (8 USC 1153(b)(5)(E)). The statute protects regional-centre petitions filed on or before 30 September 2026 if the programme lapses or is not reauthorised (8 USC 1153(b)(5)(S)); petitions filed after that date do not carry this protection. Direct petitions are not tied to the authorisation. As of 13 October 2026 no statute extending it beyond 2027 had been found.

What are the USCIS fees for EB-5, and what changes on 30 November 2026?

A final rule (91 FR 61940, 30 September 2026) raises EB-5 petition fees for filings from 30 November 2026. Read from the USCIS G-1055 fee schedule (edition 10/07/26) and the rule on 12 October 2026:

Other government fees as of 12 October 2026: Form I-485 adjustment of status USD 1,440 on paper or USD 1,390 online; immigrant visa application fee for consular processing USD 345 (22 CFR 22.1); USCIS Immigrant Fee USD 235 per immigrating person. Mirabello's advisory fee and the independent attorney's fee are separate.

How does the EB-5 process work, step by step?

• Step 1: choose a structure, complete independent due diligence, document your funds and invest.
• Step 2: your attorney files Form I-526E or I-526. Since 30 March 2026 USCIS generally takes these petitions in filing order (first in, first out).
• Step 3: file Form I-485 in the United States, or attend an immigrant visa interview at a US consulate abroad.
• Step 4: the family receives two-year conditional green cards.
• Step 5: file Form I-829 in the 90 days before the second anniversary; once USCIS confirms the investment and jobs, the ten-year green card follows.

If you are already in the United States in a lawful status and a visa would be immediately available, Form I-485 can be filed together with the petition (INA 245(n)); in October 2026 USCIS accepts these filings under the Visa Bulletin "Dates for Filing" chart. While it is pending, the family may apply for work authorisation (Form I-765) and travel permission (Form I-131).

How long does EB-5 take, and is there a backlog for my country?

We quote no processing time, because no official figure was captured at our last check. The timeline depends on USCIS petition processing, visa availability for your category and country of birth, and the two-year conditional period plus the I-829 review. Under per-country limits, applicants born in high-demand countries, historically mainland China, India and Vietnam, who invest in the unreserved category can wait several years for a visa number. Check the current Visa Bulletin, or ask us to read it for your case.

Can my spouse and children come, and can they work?

Yes. One investment covers the spouse and unmarried children under 21, each with their own green card. The Child Status Protection Act may protect some children who turn 21 during processing, so ages are reviewed before filing. As permanent residents, all family members may work for any employer or for themselves. During a pending I-485, a spouse may work only once the Employment Authorization Document is approved.

What risks should an EB-5 investor understand?

In plain words: the capital must be at risk, so you can lose some or all of it, and nobody can lawfully promise a return or the return of your capital. If the enterprise fails to sustain the investment or create the jobs, the I-829 can be denied, and permanent residence with it. Backlogs, children ageing out and changes in fees and law are further risks. Proposed EB-5 rules published in July 2026 were not final at our last check; this page describes only the law in force. Review all offering documents with your own licensed advisers before investing.

Does EB-5 lead to US citizenship?

Through naturalisation: after five years as a permanent resident, with the conditional years counting, you may file Form N-400 (USD 760 on paper, USD 710 online) if you meet the USCIS requirements: continuous residence, physical presence for 30 of the 60 months, good moral character, the English and civics tests, and age 18 or over.

The United States must remain your permanent home: there is no fixed day count, but absences of six months or more may disrupt continuous residence, and more than one year is the general guide for abandonment of the green card. A re-entry permit applied for before you leave covers up to two years (USCIS travel guidance).

What changes for Europeans moving to the US with an EB-5 green card?

German-speaking readers often search for "EB-5 Visum" or "Green Card durch Investition": it is the same programme, with the same rules for every nationality.

• US tax from green-card day. A green-card holder is a US tax resident whatever the days spent there (the 183-day Substantial Presence Test applies to people without one), and the IRS taxes residents on worldwide income. Federal rates run from 10% to 37%, state tax from none upwards, and estate tax up to 40% above an indexed exemption; FBAR and FATCA reporting of foreign accounts apply. There is no special EB-5 tax regime.
• Keeping your citizenship is a home-country question. US law does not prohibit dual nationality; whether you keep a German, Austrian, Swiss or other citizenship after naturalising depends on your home country's law.
• Plan both sides. US residence can also change your position at home, under double-tax treaties and home rules. Take advice in both countries; this is general information, not tax advice.

Germany, Austria, Switzerland, Italy, France, the Netherlands, Spain, Portugal and Turkey are also E-2 treaty countries (Greece is E-1 only), but E-2 is not a green card.

How does EB-5 compare with the E-2, O-1 and L-1A routes?

The E-2 Treaty Investor visa and the E-2 visa through a franchise suit treaty nationals running a business. The O-1 visa often bridges to the EB-1A green card; the L-1A visa leads company owners towards EB-1C. Our USA immigration guide compares them all. For a second citizenship instead, see Grenada compared with EB-5; for residence worldwide, our residency by investment overview.

Ask Mira, by Mirabello

Mira, by Mirabello, the AI advisor of Mirabello Immigration Intelligence, explains EB-5 and the other US routes in your language. Ask Mira.

How does Mirabello Consultancy help with EB-5?

Mirabello advises on whether EB-5 fits, organises the source-of-funds and family files, and coordinates the case through to removal of conditions. An independent, licensed US immigration attorney engaged directly by you prepares and files the legal case. We do not sell, name or recommend EB-5 projects or regional centres. Mirabello Consultancy Ltd operates from Switzerland, with offices in Dubai and Hong Kong SAR; it has no establishment in the United States and does not practise US law. Book a free consultation to discuss your family's options.